Why the US Proposals on Development will Affect all Developing Countries and Undermine WTO
US submitted two highly problematic proposals to the WTO in January and February 2019, undermining the place of Special and Differential Treatment (S&D) for developing countries at the WTO. In the first paper (WT/GC/757), US criticises the practice of self-declared development status by developing countries arguing that the North-South construct no longer makes sense due to “great development strides”. The second paper (WT/GC/764) – a proposed Decision for the General Council – provides a way to operationalise what was in the first paper. It gave criteria that would exclude 34 Members or 53.6 percent of global population from S&D treatment in “current and future WTO negotiations”. This fundamentally changes S&D from an unconditional right for all developing countries to a concession that may or may not be provided. Even for those developing countries that are not part of the 34 excluded Members, the US notes that in sector-specific negotiations, other Members could also be “ineligible for special and differential treatment.” This paper critiques the US approach on Special and Differential Treatment and concludes that these papers by the US cannot be the basis for any further discussions. All developing countries must be able to decide the pace of their adjustment to trade rules.
The WTO’s Special and Differential Treatment Negotiations (Paragraph 44)
Paragraph 44 of the 2001 Doha Ministerial Declaration mandates the ‘strengthening’ of Special and Differential Treatment (S&D) provisions in the WTO Agreement, and making them ‘more precise, effective and operational’. This Note tracks the evolution of these negotiations from the start of the Doha Round in 2001 until the Nairobi Ministerial in December 2015. (more…)
The WTO has a 1998 Work Programme on E-commerce. This Work Programme provides for the discussion of trade-related issues relating to electronic commerce to take place in the relevant WTO bodies: the Council for Trade in Services; the Council for Trade in Goods; the Council for TRIPS; and the Committee for Trade and Development. The General Council was envisaged to play a review or oversight role. (more…)
The WTO’s Agriculture Domestic Supports Negotiations
The historical problems in agriculture continue today. Developed countries with the financial capacity continue to subsidise their farmers and export these agricultural products. This has also been enabled by the Uruguay Round through large AMS entitlements for mostly developed countries ($19 billion for US and now about $95 billion for EU27), as well as the Green Box (Annex 2 of the Agreement on Agriculture). (more…)
Discussing the Legal Basis for Entry Into Force of a Trade Facilitation Agreement
A Trade Facilitation Agreement (TFA) has been proposed as an outcome from the Bali WTO Ministerial Conference. The TFA’s provisions create new rights and obligations for WTO Members; they alter the rights and obligations that WTO Members currently have under the WTO Agreement and its annexes. (more…)
LDC Package: State of Play and Proposed Language for WTO’s MC8.
The LDC Package was proposed by the WTO Director General, in his capacity as Trade Negotiations Committee (TNC) Chair in May 2011 for early harvesting at the Eighth Ministerial Conference (MC8) in December 2011. Since then, these negotiations have run into problems due to the resistance of the United States. (more…)
Special and Differential Treatment Negotiations: State of Play and Proposed Language for WTO’s MC8.
There has been some but not a significant amount of progress made on the Special and Differential Treatment negotiations mandated in the Doha Declaration (para 44) for developing countries. This paper provides an overview of: (more…)
The Doha Declaration on TRIPS and Public Health Ten Years Later: The State of Implementation.
The Declaration on the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) and Public Health was adopted on 14 November 2001 by the 4th World Trade Organization (WTO) Ministerial Meeting at Doha, Qatar. (more…)